U.S. Copyright Office Urges New Law to Combat AI-Generated Digital Replicas

The U.S. Copyright Office has called for new federal law to combat unauthorized digital replicas, as part of its ongoing study on AI and copyright:

• The Office’s Report responds to the growing threat of convincingly manipulated videos, images, and audio that falsely depict individuals, recognizing that existing legal protections are insufficient.
• Register of Copyrights Shira Perlmutter emphasizes the urgency of nationwide protection against the reputational and financial harms caused by unauthorized digital replicas, affecting public figures and private citizens alike.

Comprehensive AI and copyright initiative: The Copyright Office launched a wide-ranging study in early 2023 to examine the complex intersection of AI and copyright law:

• The Office has already issued guidance on registering works with AI-generated content, engaged with experts and stakeholders through public sessions and meetings, and reviewed over 10,000 public comments in response to its notice of inquiry.
• Upcoming Parts of the Report will tackle key issues such as the copyrightability of AI-generated works, the legal implications of training AI models on copyrighted material, licensing considerations, and potential liability allocation.

Collaborative approach and ongoing efforts: The Copyright Office expresses its readiness to work with Congress in evaluating its recommendations and monitoring future developments:

• The release of Part 1 of the Report marks the beginning of a series of recommendations to Congress, reflecting the Office’s findings from its extensive research and public engagement efforts.
• The Office’s dedicated AI Initiative website serves as a central resource for updates and information on the ongoing study and its outcomes.

Broader implications: The Copyright Office’s call for a new federal law to address digital replicas highlights the growing challenges posed by AI-generated content and the need for updated legal frameworks:

• As AI technologies advance and become more accessible, the potential for misuse and harm through convincing digital replicas is likely to increase, underscoring the importance of proactive legislative action.
• The Office’s recommendations could set the stage for a broader re-evaluation of copyright law in light of AI’s rapid development, with far-reaching implications for creators, technology companies, and the public.